Tech companies, NGOs working on code of conduct

Many times business decisions and technology speed ahead of the ethical …

Google, Yahoo, Microsoft, and European communications company Vodafone are working in conjunction with a handful of non-governmental organizations (NGOs) to create a code of conduct to govern the companies' conduct when it comes to freedom of speech, user privacy, and other human-rights issues. The discussion began late in 2006 and is being spearheaded by the Center for Democracy and Technology (CDT) in Washington DC, the Berkman Center for Internet & Society at Harvard Law School, and Business for Social Responsibility in San Francisco.

Compromise and criticism

Google, Yahoo, and Microsoft are no strangers to controversy when it comes to freedom of expression on the Internet. All three companies have chosen to make concessions to the Chinese government with regards to how they handle freedom of expression and privacy issues in order to set up business there.

Yahoo has been pilloried for turning over e-mails sent by Chinese dissidents. On at least three occasions, Yahoo's decision to cooperate with Chinese authorities played an instrumental role in the jailing of dissidents, according to Paris-based Reporters Sans Frontièrs (Reporters Without Borders). Google actively censors results of searches conducted in China and has also removed sites offensive to the Chinese government from Google News. Microsoft actively censors blogs on the Chinese version of MSN spaces to filter out words such as "democracy" and "human rights."

The three companies have been criticized by Amnesty International (among others) for capitulating to China's censorship demands. In a report issued by the group last summer, Amnesty said that the companies could legitimately resist Chinese government demands due to what it describes as vague and often contradictory Chinese laws while undermining their arguments that engaging with China will nudge the country towards openness and emocracy.

Acting in an ethical manner

Once completed, the code of conduct will consist of a set of principles to direct corporate conduct when dealing with repressive regimes and other situations that "interfere with the achievement of human rights," according to a statement from the CDT. There will also be a framework for implementing the principles and, more importantly, for holding companies that agree to the code of conduct accountable for breaches.

"Technology companies have played a vital role building the economy and providing tools important for democratic reform in developing countries. But many governments have found ways to turn technology against their citizens—monitoring legitimate online activities and censoring democratic material," said CDT Executive Director Leslie Harris. "It is vital that we identify solutions that preserve the enormous democratic value provided by technological development, while at the same time protecting the human rights and civil liberties of those who stand to benefit from that expansion."

The code will set limits in two ways. First, it allows companies to put a positive spin on their dealings to the public. Signatories will be able to advertise their agreement and compliance with the code of conduct, which may help them to score points with some constituencies. Second, it gives them guidance in their corporate dealings, so that they are assured that other companies—including competitors, in some cases—that have signed on to the code of conduct are acting in the same manner that they are.

Doing business in countries where freedom of speech, freedom of the press, and other rights that many of us take for granted are limited or nonexistent means that companies are sometimes forced to act in ways they feel are repugnant. Google cofounder Sergey Brin admitted as much last year when he said that his company's decision to set up shop in China forced them to compromise its principles. Calling the Chinese government's mandates "a set of rules that we weren't comfortable with," Brin said that Google may ultimately leave that market.

As the Internet's reach truly spreads worldwide, so will the reach of giant tech companies. More importantly, scenarios such as those we have seen played out in China over the past few years will become more commonplace. The code of conduct will give guidance to its signatories for how they should behave in China and other countries where governments exercise a high degree of control over the media. But what is going to happen the first time a repressive government leans on one of the signatories to turn over information on one of its citizens?